Guinther v. Banks et al

Filing 79

ORDER ADOPTING 73 Partial Report and Recommendations granting 57 Motion for Leave to File Amended Complaint; dismissing defts Larry Norris and Randall Williams without prejudice; directing the Clerk to file plaintiff's Motion for Leave to Fi le a Fourth Amended Complaint (docket entry #57) as his Fourth Amended Complaint, and to add Wendy Kelley as a deft, to prepare summons for deft Kelley and directing the U.S. Marshal to serve deft Kelley with the summons, complaint, amended complaint, second amended complaint, and third amended complaint in care of the ADC Compliance Office and without fees therefor. Signed by Judge James M. Moody on 11/29/10. (bkp)

-JTR Guinther v. Banks et al

Doc. 79

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDGAR L. GUINTHER ADC #100017 V. JAMES BANKS, Former Warden, Tucker Unit, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. is GRANTED. 2. Defendants Larry Norris and Randall Williams are VOLUNTARILY DISMISSED, Plaintiff's Motion for Leave to File a Fourth Amended Complaint (docket entry #57) 5:10CV00139 JMM/JTR DEFENDANTS

PLAINTIFF

WITHOUT PREJUDICE, from this action. 3. The Clerk shall file a copy of Plaintiff's Motion for Leave to File a Fourth Amended

Complaint (docket entry #57) as his Fourth Amended Complaint, and to add Wendy Kelley, the ADC Deputy Director of Health and Correctional Programs, as a Defendant in this action. 4. The Clerk is directed to prepare a summons for Defendant Kelley, and the U.S.

Marshal is directed to serve the summons, Complaint, Amended Complaint, Second Amended

Dockets.Justia.com

Complaint, and Third Amended Complaint on her, through the ADC Compliance Division, without prepayment of fees and costs or security therefor. Dated this 29th day of November, 2010.

UNITED STATES DISTRICT JUDGE